Review Panel on Common Law Relationships
Opinion on Common-Law Relationships of Jennifer Cooper

Volume 2
Proposed Statute Changes

Proposed Changes to the
Farm Lands Ownership Act

Current Act: should read Proposed Act:
Definitions

1(1) In this Act

  Definitions

1(1) In this Act

"common-law partner" means a person who, not being married to the other person, cohabited with him or her in a conjugal relationship

(a) for a period of not less than 3 years, or

(b) for a period of at least one year and they are together the parents of a child.

Meaning of "persons related to farmers"

1(4) For the purposes of this Act, a person is related to a farmer if he or she is

(a) a spouse, child, father, mother, brother, sister, uncle, aunt, nephew, niece or first cousin of a farmer;

(b) a child, father, mother, brother, sister, niece or nephew of a farmer's spouse;

(c) a son-in-law or daughter-in-law of a farmer;

(d) a grandfather, grandmother, great-grandfather or great-grandmother of a farmer; or

(e) a grandchild or great-grandchild of a farmer or a spouse of such a grandchild or great-grandchild.

  Meaning of "persons related to farmers"

1(4) For the purposes of this Act, a person is related to a farmer if he or she is

(a) a spouse or common-law partner, child, father, mother, brother, sister, uncle, aunt, nephew, niece or first cousin of a farmer;

(b) a child, father, mother, brother, sister, niece or nephew of a farmer's spouse or common-law partner;

(c) a son-in-law or daughter-in-law of a farmer;

(d) a grandfather, grandmother, great-grandfather or great-grandmother of a farmer; or

(e) a grandchild or great-grandchild of a farmer or a spouse or common-law partner of such a grandchild or great-grandchild.



Farm Lands Ownership Act

Current Act: should read Proposed Act:
Relatives, etc.

3(14) A natural person, wherever resident, may take, acquire, receive or hold an interest in farm land if the interest is conveyed to the natural person by an eligible individual who has prior to the conveyance farmed the farm land for at least 10 years, or the spouse of an eligible individual who has farmed the farm land for at least 10 years, and if the natural person is the spouse, child, grandchild, brother, sister, nephew or niece of the person conveying the interest.

  Relatives, etc.

3(14) A natural person, wherever resident, may take, acquire, receive or hold an interest in farm land if the interest is conveyed to the natural person by an eligible individual who has prior to the conveyance farmed the farm land for at least 10 years, or the spouse or common-law partner of an eligible individual who has farmed the farm land for at least 10 years, and if the natural person is the spouse or common-law partner, child, grandchild, brother, sister, nephew or niece of the person conveying the interest.

Joint interest of spouse

3(15) A spouse of a person entitled to hold an interest in farm land under section 4 may hold an interest in the entitled person's interest in farm land as a joint tenant or as a tenant in common.

  Joint interest of spouse or common-law partner

3(15) A spouse or common-law partner of a person entitled to hold an interest in farm land under section 4 may hold an interest in the entitled person's interest in farm land as a joint tenant or as a tenant in common.

 

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Opinion on Common-Law Relationships of
Jennifer A. Cooper, Q.C. - Volume 2

Proposed Changes to the Farm Lands Ownership Act
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Family Maintenance Act Homesteads Act
Review Panel on Common-Law Relationships
Opinion on Common-Law Relationships of Jennifer A. Cooper, Q.C.
Volume 1
Volume 2 (proposed Statute Amendments)

Opinion on Common-Law Relationships of Hon. A.C Hamilton, Q.C.